Partly allowed

Cholamandalam Ms Gen Insurance Co. Ltd. v. Kailash and Others

Rajasthan HC9 Mar 2017CMA/105/2013

Case brief

AI extract

What is this about?

In this civil miscellaneous appeal against an insurance claim award, the High Court held that the Tribunal passed the award on issue no. 3 surreptitiously without considering facts and objections. The Court partly allowed the appeal, quashed the award on issue no. 3, remanded it for fresh disposal after issuing notice to parties, and stayed recovery of amounts by the insurer pending the final deci

What did the court decide?

Quashed and set aside the impugned award on issue no. 3; remanded to the Tribunal for fresh disposal after notice to parties; directed parties to appear by 05.07.2017; stayed recovery of amounts by th

Cholamandalam Ms Gen Insurance Co. Ltd. Vs Kailash and… — Consumer Protection | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B.Civil Miscellaneous Appeal No. 105 / 2013

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Cholamandalam Ms Gen Insurance Co Ltd

----Appellant

Versus

Kailash And Others

----Respondent

For Appellant(s) : Mr.Sandeep Pathak

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For Respondent(s) : Mr.Sunil Yadav & Mr.Gaurav Gupta

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Judgment / Order

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09/03/2017

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Heard learned counsel for the parties and after hearing both the parties, this appeal is being disposed of at this stage.

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Brief facts of the case are that this appeal has been filed against the impugned judgment and award under appeal.

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At the very outset, learned counsel for the appellant/s submits that the learned Tribunal while passing the impugned award has not taken into consideration the objections which he has raised by way of aforesaid appeal. The finding of learned Tribunal on issue no.3 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue no.3 be quashed and set aside and the matter be remanded to the learned Tribunal with the direction to decide the matter afresh in the light of objections which he has raised by way of aforesaid appeal.

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On the other hand, the learned counsel for the respondent/s though opposed the same but requested that the learned Tribunal may be directed to hear him/them at the time of deciding the matter afresh on the aforesaid

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(2 of 2)

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[CMA-105/2013]

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issue/s, and he may be permitted to raise all the objections and the grounds as have been raised in this appeal.

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I have heard learned counsel for the parties and carefully perused the relevant material on record including the impugned award.

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In my considered view, the learned Tribunal while passing the impugned award has not gone through the facts of the case and passed the impugned award surreptitiously. Thus, the impugned award passed by the learned Tribunal needs interference by this court.

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In the result, the appeal is partly allowed and the impugned judgment and award passed by learned Tribunal qua issue no.3 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh as early as possible, qua issue no.3. in the light of grounds raised by the learned counsel for the appellants in the aforesaid appeals and the aforesaid judgment, if applicable and other judgments to be cited by learned counsel for the parties, if any, after issuing notice to all the concerned parties and giving opportunity of hearing to them.

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Both the parties request for specific date for appearing before the trial court, hence they are directed to appear before the learned Tribunal on 5.7.2017.

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Record, if any, be sent forthwith.

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The amount which has been received by the claimant/s shall not be recovered by the Insurance Company till afresh final decision of the claim petition.

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(MAHESH CHANDRA SHARMA)J.

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Sandeep/-362

Cholamandalam Ms Gen Insurance Co. Ltd. v. Kailash and Others

Case brief

What is this about?

What did the court decide?

Cholamandalam Ms Gen Insurance Co. Ltd. v. Kailash and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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